When driving in Delano, you must be mindful of various factors, including hazards on the road that can lead to different types of accidents. According to data from The National Safety Council (NSC), there were approximately 3.8 million reported rear-end accidents nationwide, making up 41.7% of all car accidents in 2021.
This data highlights that rear-end accidents not only happen frequently but also often result in serious consequences like injuries, car damage, and ongoing medical issues. If you find yourself involved in such an accident, it’s crucial to know how to recover physically and financially. In order to do that, it’s helpful to understand what your legal options are.
Experienced Delano Car Accident Lawyers
If you or a loved one experiences injuries from a rear-end car accident in Delano, don’t hesitate to reach out to us for a free consultation. At Maison Law, our team of experienced car accident lawyers has expert knowledge of California’s personal injury laws and insurance company practices. We will support you in building a strong case for damages, allowing you to concentrate on your recovery. Don’t wait to get the help you need. Contact us today for a free consultation.
What Makes Rear-End Car Accidents So Common in Delano?
In Delano, like any other city, rear-end accidents occur due to a variety of different conditions and factors. Whether they happen in crowded downtown areas, or on busy roads like the Golden State Highway, these accidents are quite common. Furthermore, there are common causes of these accidents, such as:
- Tailgating (following too closely) – When a driver fails to maintain a safe following distance behind the vehicle in front of them, it reduces their ability to react to sudden stops or emergencies, increasing the likelihood of rear-ending the vehicle ahead.
- Aggressive driving and road rage – Aggressive driving behaviors, such as excessive speeding, frequent lane changes, and aggressive maneuvers, can lead to rear-end accidents as drivers may not anticipate or react appropriately to sudden changes in traffic conditions.
- Distracted driving – Engaging in activities like texting, using a mobile phone, adjusting the radio, or attending to other distractions diverts a driver’s attention from the road, making them more prone to rear-end collisions.
- Driving while impaired – Impaired drivers have reduced reaction times and impaired judgment, making them more likely to rear-end other vehicles.
- Fatigued and drowsy driving – Drivers who are fatigued or drowsy may have reduced alertness, delayed reaction times, and impaired decision-making, increasing the risk of rear-end accidents.
- Bad weather – Adverse weather conditions in the Delano area like rain and fog can lead to reduced visibility and slippery road surfaces, making it more challenging for drivers to stop their vehicles safely, resulting in rear-end collisions.
- Speeding – Driving at excessive speeds reduces the distance required to stop a vehicle, making it difficult for drivers to avoid rear-ending other vehicles, especially in sudden braking situations.
- Driver error – Mistakes made by drivers, such as misjudging distances, braking too late, or failing to anticipate changes in traffic flow, can contribute to rear-end accidents.
Injuries
It’s no surprise that rear-end accidents in Delano often lead to similar injuries. Given the nature of a rear-end accident, your neck and back will be very vulnerable to injuries. But since every accident is unique, here are some of the more common injuries you could be facing:
- Whiplash
- Back injuries
- Neck injuries
- Spinal cord injuries
- Facial injuries
- Broken bones
- Concussions
Immediately after a rear-end accident, the first thing you should do is seek medical attention. A doctor will perform tests to assess the extent of your injuries. Once you have received medical care, you can focus on other aspects of the claims process.
What Does California Law Say About Rear-End Accidents in Delano?
While they are common, rear-end car accidents are treated the same as any other car accident in California. Under the law, car accidents involving injuries or significant property damage (over $1000) must be reported to state or local authorities within 24 hours.
This is crucial, as proper reporting is essential for your potential claim for damages. Gathering evidence and documenting injuries and car damage are vital steps in making your claim. Right after the accident, make sure to note important information such as:
- Time, date, and location of the accident
- Other involved parties
- Insurance details
- Driver’s license and license plate information
- Vehicle information
Statute of Limitations in California
In California, just like in other states, there is a statute of limitations for filing lawsuits, which varies depending on the type of claim. For car accidents, legally considered “personal injury claims,” the statute of limitations is two years from the date of the accident. This means that, regardless of the severity of your injuries, you have a two-year window from the accident date to file a lawsuit and seek damages.
Liability in Delano Rear-End Accidents
To determine liability for your injuries in a Delano rear-end car accident, you first need to figure out whether someone acted carelessly or negligently. Each case is unique, but there are essential elements you must prove to win your case. Essentially, you need to show the judge and jury that the other person’s carelessness caused the accident. Proving negligence generally involves four key points:
- The other driver or party had a duty to drive safely and avoid harming others.
- The other driver or party failed to fulfill this duty (they were careless).
- Their carelessness directly caused the accident.
- There is a “causal link” between your injuries and the accident.
Once these elements are established, we can better determine the responsible party for your injuries and damages. It’s possible that liability might be shared among different individuals, and in some cases, you might also share some responsibility. Various parties can be liable in a typical rear-end car accident claim, including:
- Other drivers
- Vehicle owners
- Parts manufacturers
- Government agencies
- Employers
- Repair shops or mechanics
Claims Process After a Delano Rear-End Car Accident
After liability is determined (which isn’t always easy), the next step is to file a claim for damages against the at-fault party. Typically, this is done first by filing an insurance claim. At that point, an insurance adjuster will handle your claim and will eventually offer you a settlement amount after conducting an investigation. There are certain advantages to taking this approach:
- Potential cost savings and reduced attorney fees.
- Possibility of receiving compensation more expeditiously.
- Less paperwork and time-consuming procedures.
Nevertheless, opting for an out-of-court settlement also comes with disadvantages:
- The insurance company could prolong the process, leading to financial strain.
- The settlement offer might not adequately cover all damages.
- The insurance company holds the authority to determine the value of your claim.
Lawsuit and Damages
Just because the insurance company makes you an offer doesn’t mean you have to accept it. In fact, many times, the insurance company will try to offer you a low settlement in the hopes that you’ll accept. However, with the help of our dedicated Delano car accident lawyers, you can seek compensation for various damages resulting from the accident by filing a personal injury lawsuit against the responsible parties. The purpose of any lawsuit is to recover “damages”, which can include:
- The costs of medical treatment resulting from the accident.
- Income lost due to time off work.
- Potential future income loss if permanently disabled and unable to work.
- Reimbursement for expenses related to repairing damaged property, including your vehicle.
- Costs relating to the pain and suffering experienced as a consequence of the accident.
- Support for emotional trauma caused by the accident.
- Taking into account how the accident has impacted your quality of life.
Keep in mind that these damages are general, and the specific amount you can recover depends on the facts and circumstances of your case.
Another important point is that California car accident law follows “comparative negligence,” meaning that your potential compensation is reduced based on your percentage of fault in the accident.
Protect Your Rights With Maison Law
When you’ve been injured in a rear-end car accident, it can be a distressing and challenging experience for you and your family. To get the help you deserve and cope with injuries and losses, contact our experienced Delano car accident lawyers at Maison Law. We are here to provide support and guidance throughout this difficult time. Contact us today to set up your free consultation and let us protect your legal rights.
